Which condition allows for the acquisition of an easement by prescription?

An easement by prescription is a legal right to use someone else's property that is established through continuous, open, and notorious use of the property without the owner's permission for a specific statutory period. In Rhode Island, this period is typically between 10 to 21 years, depending on the circumstances.

The key factors for acquiring an easement by prescription include using the property continuously (often interpreted as uninterrupted use), openly (the property owner is aware of the use), and without permission (the use is adverse to the interest of the property owner).

Thus, the correct answer reflects the necessity of using the property without permission for a period that falls within this statutory range, which is critical for establishing an easement through prescription. In contrast, conditions such as using the property for less than 5 years, receiving formal permission, or having a written agreement would negate the claim for an easement by prescription since permission or formal agreements imply that the use is authorized rather than adverse.